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Failure to Keep Accurate Time Records

Employers in Ohio are legally required to keep accurate records of each employee’s time worked for the purpose of ensuring fair pay. If an employer violates this law, an investigation for a potential wage and hour violation may be opened and an employee may be eligible to file a Cleveland wage and hour lawsuit. The employer could be concealing legal violations such as employee misclassifications or unpaid overtime with poor recordkeeping.

Employer Recordkeeping Requirements Under State and Federal Law

Accurate timekeeping is essential for ensuring that employers pay their workers correctly for all hours worked. Under a federal law known as the Fair Labor Standards Act (FLSA), all employers must maintain accurate records of employment details. This includes an employee’s record of hours worked, time off and wages paid.

In addition, the Ohio Administrative Code enforces statewide regulations requiring accurate bookkeeping by all employers. Under this law, “True and accurate permanent employment and payroll records shall be maintained by every employer who has in its employ one or more individuals.”

Employment time records must be detailed. They must include facts such as the full name of the employee, the employee’s Social Security number, the date of each payment, when hours were performed by the worker, the type of services performed by the worker and the amount of gross earnings per pay period before deductions. 

Consequences of Failing to Keep Accurate Time Records

Upon request, an employer must make time records available to auditors. If an employer does not maintain appropriate work hours and payment documentation, the company could face serious consequences. The U.S. Department of Labor could investigate a violation and may impose fines or other penalties against the employer.

In addition, if it is discovered that inaccurate time records have resulted in wage and hour violations, the employer will be required to pay the amount of wages to which affected employees are entitled. If the employee can prove that he or she performed work but was not properly compensated, he or she can be awarded financial damages for back wages.

What To Do If Your Employer Fails to Keep Accurate Records

If you discover that your employer does not keep accurate time records of your hours worked or payments received, report the issue to the company’s human resources department. The department should take steps to resolve the issue in a timely and effective manner. If the issue is not resolved, file an official complaint against your employer with the Ohio Department of Commerce.

Maintain as much documentation of your time working for the employer as possible. Without records kept by your employer, your recordkeeping may be the only evidence proving that you performed the work in question. Gather evidence that documents your hours, such as emails and timecards. Make a note of any discrepancies between your own records and your employer’s records.

Consider filing a wage and hour claim in Ohio if you are a victim of any type of wage theft connected to your employer’s failure to keep accurate time records. Contact a Cleveland wage theft lawyer who specializes in wage and hour law for legal counsel. A law firm can assist you in taking legal action against your employer, if appropriate, to seek the financial compensation that you deserve.

Request a free consultation with a wage and hour attorney at Scott & Winters Law Firm, LLC to learn more. We can help you understand your rights regarding recordkeeping, wage payment, and employment disputes in Ohio.